KONSEP GUGATAN PEMERINTAH ATAS PENCEMARAN LINGKUNGAN: KOMPARASI ANTARA INDONESIA DAN AMERIKA SERIKAT

Abstract

In recent years, the Minister of Environment and Forestry (MoEF) has intensified the use of its rights to sue for environmental damage. In most of the lawsuits, the courts have ruled in favor of the MoEF. Surprisingly, hitherto no restoration has taken place in areas where the MoEF’s claims for damages have been granted. Based on conceptual and comparative approaches, this research addresses the restoration of environmental damage in the United States of America and Indonesia. This article finds some problems with the restoration of environmental damage in Indonesia, such as the absence of a Recovery Plan, the use of theoretical damage valuation methods, and the absence of full compensation measures. This article also proposes some recommendations to improve the implementation of the government’s right to sue in Indonesia.